Nikko Materials USA, Inc. v. NavCom Defense Electronics Inc.

MEMORANDUM

NavCom Defense Electronics appeals the November 3, 2011 judgment of the district court awarding $2.7 million for response costs to Gould Electronics. In particular, NavCom appeals the district court’s order denying its motion to consider Gould’s insurance settlements in its calculation of a money judgment. We hold that the district court properly denied NavCom’s motion to consider the insurance settlements because NavCom failed to present the argument to the district court in a timely manner. We therefore affirm the judgment as well.

NavCom waived its contention that it was entitled to offsets for settlement proceeds obtained by Gould between 1994 and 2001 by raising the issue for the first time in November 2010. The parties’ liability for Gould’s pre-July 31, 2006 CERCLA response costs, including any offsets to which NavCom was entitled, was litigated in a bench trial in December 2006. The district court entered a final judgment on those liability issues in 2007. We affirmed that judgment in 2009. NavCom did not raise this issue until 2010, during a proceeding addressing the parties’ liability for Gould’s post-July 31, 2006 response costs. NavCom’s actions,…